What are the requirements for oaths or declarations in continuing applications filed on or after September 16, 2012?

For continuing applications filed on or after September 16, 2012, the following requirements apply:

• A copy of an oath or declaration or substitute statement from the prior nonprovisional application can be used, provided it complies with 37 CFR 1.63 or 37 CFR 1.64.
• The oath or declaration must comply with 35 U.S.C. 115 and the relevant CFR sections in effect for applications filed on or after September 16, 2012.
• It must include a statement that the application was made or authorized to be made by the person executing the oath or declaration.

As stated in the MPEP, “a new inventor’s oath or declaration may need to be filed in a continuing application filed on or after September 16, 2012, where the prior application was filed before September 16, 2012, in order to meet the requirements of 35 U.S.C. 115 and 37 CFR 1.63 (or 1.64) in effect for applications filed on or after September 16, 2012.”

To learn more:

• continuing applications
• oath
• declaration
• substitute statement
• patent application requirements